Online Public Hearing Held Solely and Strengthened Hearing System, Amendment to Administrative Procedures Act Passed at Cabinet Meeting
Strengthening Protection of Citizens' Rights, Improving Administrative Procedures Suitable for the Contactless Era, and Promoting Public Participation
To Be Submitted to the National Assembly After Presidential Approval
[Asia Economy Reporter Lim Cheol-young] The Ministry of the Interior and Safety announced on the 6th that the partial amendment bill of the Administrative Procedures Act, which includes strengthening the protection of citizens' rights and improving administrative procedure systems in the era of non-face-to-face interactions, has passed the Cabinet meeting.
The amendment stipulates the grounds and reasons for holding public hearings exclusively online. It establishes the basis for holding online public hearings independently, which were previously only possible when held concurrently with face-to-face public hearings. Accordingly, online public hearings can be held independently in cases such as: ?when holding face-to-face public hearings is difficult for public safety due to situations like COVID-19 ?when face-to-face public hearings have been canceled three or more times ?or when the administrative agency deems it necessary to hold a public hearing.
The amendment also includes provisions to conduct hearings during dispositions such as cancellation of permits or approvals without a separate application. Previously, hearings were conducted only upon the request of the parties involved during dispositions like cancellation of permits, deprivation of status or qualifications, or cancellation of corporate or association establishment approvals. Going forward, hearings will be conducted without a separate application to fully listen to the opinions of the parties involved.
Furthermore, to enhance expertise and fairness, for matters of significant importance or impact, two or more hearing presiders may conduct the hearing. The amendment changes the number of hearing presiders from one to multiple.
Additionally, considering the difficulty of recovery when false information is disclosed during the announcement of violations, the amendment grants an opportunity to submit opinions before disclosure and requires correction announcements if false information is disclosed, thereby supplementing the disclosure system under individual laws. Besides, it allows parties to inspect and copy documents related to the disposition when submitting opinions, and even when shortening the administrative notice period, it requires a notice period of at least 10 days to ensure the system operates effectively.
The Ministry of the Interior and Safety plans to submit the partial amendment bill of the Administrative Procedures Act, approved at the Cabinet meeting, to the National Assembly after presidential approval.
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Minister Jeon Hae-cheol stated, “This amendment includes activating the online public hearing system suitable for the non-face-to-face era and strengthening procedures such as opinion submission and hearings to listen to citizens' opinions before various disadvantageous dispositions to protect citizens' rights and interests. Through this legal amendment, we hope that various administrative procedure systems that allow citizens to voice their opinions in administrative processes will be actively operated, thereby enhancing citizens' rights and interests.”
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